New Supreme Court Ruling Affects Bonfire Litigation?

755 Views | 1 Replies | Last: 18 yr ago by Moses Hall 99 Esq
Kamikaze06
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The Supreme Court recently ruled that defendants cannot be punished for harm caused to those who are not parties in a lawsuit.

Spawning news article: http://www.boston.com/news/nation/washington/articles/2007/02/20/court_sets_aside_award_in_philip_morris_case/

I'd like to see someone with some legal insight offer an analysis on this ruling. What do you think it will do for/against the current litigation?
DualAG
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I have no idea.

However, I did email one of the attorneys today to inquire about the long-awaited Fifth Circuit Court of Appeals decision. I though perhaps the ruling had come down and I missed it.

I didn't. A year a half after arguments were made, the court has yet to render a decision on this appeal.
Moses Hall 99 Esq
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The Phillip Morris litigation, and the cases that form the basis for the Williams case (BMW v. Gore and State Farm v. Campbell) don't really come into play with the Bonfire case. At least not yet. If the 5th circuit isn't going to allow a Federal cause of action, then there isn't much litigation to talk about.

Williams only applies to how punitive damages are assessed, and it's a narrow ruling going to how juries are instructed. Seeing how the Bonfire litigation involves the actually injured parties, Williams is almost inapplicable.
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